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PEARL v. W.C.A.B.

No. B125991.

97 Cal.Rptr.2d 411 (2000)

81 Cal.App.4th 1033

Rodney Scott PEARL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD; Board of Trustees of the California State University, Respondents.

Court of Appeals of California, Second District, Division Six.

Review Granted October 3, 2000.

Attorney(s) appearing for the Case

Lemaire, Faunce, Pingel & Singer, Edward L. Faunce, Seal Beach, and Larry J. Roberts for Petitioner.

California Applicants' Attorneys Association, Amicus Curiae Committee, Joseph V. Capurro as Amici Curiae on behalf of Petitioner.

Carlos Cordova, San Luis Obispo, for Respondent Board of Trustees of the California State University.

Richard B. Maness, Kayla J. Gillan and Nathan D. Schmidt, Sacramento, for California Public Employees' Retirement System as Amici Curiae.

No appearance for Respondent Workers' Compensation Appeals Board.

GILBERT, P.J.

The Public Employees' Retirement Board (PERB) awarded petitioner Rodney Scott Pearl a non-industrial disability retirement for injury to his psyche. Pearl asserts his disability is industrial. If so, he is entitled to a higher disability retirement allowance.

A dispute whether the disability is industrial is decided by the Workers' Compensation Appeals Board (WCAB) under Government Code section...

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